TNAG-1254-FCO40-1587-Third-countries-and-the-future-of-Hong-Kong-1983 — Page 187

CONFIDENTIAL

2

-

(now seven) parishes being represented by 4 elected councillors in the Andorran Parliament, the Conseil Général des Vallées.

Conseil Général had the power to pass regulations and laws without reference to the co-princes, but in practice all important decisions regarding Andorra must be submitted to the co-princes for approval. Except for a few old texts, Andorran law was essentially on oral tradition.

5.

In the 1970s, however, pressure for change increased. From the papers available in Research Department it seems that a limited suffrage referendum on institutional reform held in 1977 was followed by the submission of detailed proposals to the co-princes in 1978. A decree approved by the co-princes in January 1981 paved the way for the direct election by universal suffrage of all members of the Conseil Général in December 1981. The process of democratisation was taken a step further in January 1982 when a government was formed, thus separating the legislative and executive of the Conseil Général. The head of the Government is appointed from amongst the members of the Conseil and he in turn chooses the members of his government. So far, these are, in addition to the Presidency, the six departments of Finance, Education and Culture, Public Services, Agriculture and Natural Patrimony, Commerce and Industry, and Employment and Social Welfare.

Foreign Relations

6.

(i) Responsibility:

France has always claimed the right to represent Andorra internationally, justifying this claim by the fact that the French co-prince, as Head of the French State, has the right to sign treaties in international law, whereas the Bishop of Urgel does not. It is nevertheless traditional for the French co-prince to inform the Spanish co-prince of all diplomatic action concerning Andorra. France accords consular and diplomatic protection to Andorrans abroad and applies French Treaties to Andorra. The more or less accepted legal position as to the signing of international treaties and conventions is that Andorra is only included when the French Head of State signs in his capacity of co-prince of Andorra. The French monopoly on Andorra's foreign affairs has increasingly provoked protests from the Spanish governments, and the Andorran government seems set on trying to carve out a role for itself in foreign affairs.

(ii) Membership of International Organisations:

Andorra has no right of active or passive legation and belongs to no international organisations of a political nature. In 1841 and 1863 the Conseil Général des Vallées signed treaties with the Spanish Government, but these were held null and void by the French Government. The traditional French Position was recalled by the French Minister for Foreign Affairs in a letter to the Minister of

CONFIDENTIAL